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TMI Blog2023 (2) TMI 262X X X X Extracts X X X X X X X X Extracts X X X X ..... cept adangal, there was no evidence bought on record that the assessee carried agricultural operations. The adangal filed by the assessee shows that there were few coconut trees. Simply because, there are coconut trees, it does not mean that the assessee carried agricultural operation, particularly, when the assessee has not reported any agricultural income. Apart from that, the said extent of land was just adjacent to the sea not useful for any agricultural purposes, whereas, the assessee s statement is that he has carried agricultural operation. To carry agricultural operation water is very much required and sea water is not useful for carrying any agricultural activities or to raise any agricultural crop. Thus we are of the conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g term capital gain relating to section 54B of the Act to the extent of ₹.2.63 crores in capital gains account scheme of 1988 [CGAS 88] and ₹.50 lakhs was paid to his father Shri Srinath Rajam to acquire agricultural land at Burliar Village, Coonoor. Accordingly, the taxable long term capital gain was brought to NIL. The case was selected for scrutiny and the assessment was completed by disallowing the deduction claimed under section 54B of the Act amounting to ₹.3,08,24,032/-. During the course of original assessment, after considering the details furnished by the assessee such as chitta and adangal, by following the decisions of the ITAT in the case of Aboobuker in ITA No. 1793/Mds/2013 AY 2006-07 dated 31.12.2015 and Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he claim of deduction under section 54B of the Act of ₹.3,08,24,032/-. On appeal, by considering various case law of various Courts, the ld. CIT(A) confirmed the disallowance and dismissed the appeal filed by the assessee. 4. On being aggrieved, the assessee is in appeal before the Tribunal. The ld. Counsel for the assessee has submitted that the assessee had used the land only for agricultural purposes based on the adangal and other documents produced. By strongly relying upon the decision of the Tribunal in I.T.A. No. 3031/Mds/2017, the ld. Counsel for the assessee prayed for deleting the addition made towards disallowance of the claim of deduction under section 54B of the Act. 5. On the other hand, the ld. DR has submitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee. On further appeal by the Revenue before the ITAT, vide order in ITA No. 3031/Mds/2017 dated 14.06.2018, the Tribunal has directed the Assessing Officer to re-examine the matter in the light of the material that may be produced by the assessee more particularly the adangal extract and other relevant documents and decide the issue afresh in accordance with law. 7. In the second round of litigation, when the Assessing Officer has called for the details, except stating that the assessee has already submitted the adangal, the assessee has not produced any other document to claim that the assessee has carried any agricultural activities. By following the decision in the case of PCIT v. A. Lalichan (supra), the Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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